Recent Amendments In Trade Mark Rules India

The Trademark Rules, 2002 have been amended and Trade Mark (Amended) Rules, 2010 have come into force with effect from May 20, 2010. The major change is amendment in Fourth Schedule of the TradeMark Rules i.e. adoption of all 45 international classes. Earlier international classes 43, 44 and 45 were merged in class 42 in India, but from May 20, 2010 separate application has to be filed for services covered under International class 43, 44, 45.

Another change in insertion of proviso to Rule 62(3), that provides for issuance of copy/ duplicate registration certificate without any additional cost, if the Registrar is satisfied on a claim of Registered Proprietor supported by evidence that registration certificate has not been received by him. But further proviso specifies that no such copy/ duplicate registration certificate shall be issued where such request is received after expiry of time limit for renewal or registration or restoration of the registered mark.

Further, recently the Controller General Of Patents, Designs and Trademarks has published a public notice dated September 23, 2010 inviting attention to Gazette notification no. G.S.R. 731(E) dated September 7, 2010 by Ministry of Commerce and Industry (department of Industrial Policy and Promotion) has invited objections and suggestion to proposed amendment to Trade Marks Rules 2002 by Trade Marks(Amendment) Rules 2010. The objections or suggestions can be forwarded before October 31, 2010.

In essence following changes are sought to be made:

1. Provisions as to request for TM Search ordinary as well as expedited (on Form TM-54 and TM-71 respectively) are sought to be omitted.

2. Similar provisions as to TM-11 (request for search and issuance of certificate so as to resembling name of Company or proposed name of company) and TM -75 omitted.

3. The Govt fee in respect of an application for each mark in each class sought to be increased by 40% (Rs 2500 to Rs. 3500 per mark per class)

Delhi TM registry has also geared up for expediting the examination process and total time frame for registration and has directed for supplying user affidavit in support of user along with filing for fresh applications and also for pending applications that are yet to be examined.

In a further step to achieve complete transparency in the TM Registry, Office of the Controller General of Patents, Design and TradeMarks, India has made available to the public complete details of pending TM Applications, Registered marks including the Prosecution History, Examination Report, Copy of the Application, e-Register of Marks, Copy of the Certificate, Opposition details etc. The details can be seen by logging on

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